Articles Posted inTexas – Gun Trust Lawyer

We work with more than 20 lawyers in Texas to provide Gun Trusts to their clients. As of this month Gun Trust Lawyer® David Goldman has been licensed in Texas. Texas is one of the biggest markets for NFA Trusts and Gun Trusts. Because of this we have seen many so called Gun Trusts that are nothing more than revocable trusts with a few gun or NFA terms.

There are many problems in using a traditional Gun Trust in Texas and most states because they tend to instruct your family and friends to do things that may be illegal or cause criminal liability to the others involved with your trust.

Much the same way as Nolo has stated that their product should not be used to create a Gun Trust, a traditional revocable trust should not be used to create a gun trust.

While in some states, it is illegal to hunt with a Silencer, in the following states it is legal to hunt with a suppressor (often referred to as a “silencer”).

In states where hunting with suppressors have been legalized, we have seen substantial increases in the sales of suppressors and the wait times for approval from the ATF have also increased. Many states that have legalized suppressors still have CLEOs who refuse to sign for individuals to purchase them. An NFA Gun Trust or a more flexible Gun trust can not only avoid the CLEO signature requirement in most states, but can also provide many benefits to firearms owners and their families. To learn about the benefits, please fill out the contact us form at the top of this page and request information on what a gun trust is and how they may benefit you.

Remember these laws change frequently, so please verify this with your state prior to hunting with a suppressor.

On Friday May 3, 2013, the National Riffle Association is having The 16th Annual Firearms Law Seminar in Houston Texas. This seminar is primarily focused for lawyers who deal with firearms related issues in the practice. Over the past few years, the ATF has presented the panel on Trusts and ownership of Title II firearms. I have personally been to this presentation several times looking for guidance or changes in the law or its interpretation. Unfortunately the NFA portion of the seminars have been disappointing and have not offered any real guidance in dealing with the many issues that a Gun Trust should deal with. This year the NRA asked me to speak Gun Trusts. I plan on dealing with many of the ethical problems with traditional trusts as well as how to use Gun Trusts to protect your clients firearms from future legislative restrictions as well protecting the guns from loss due to confiscation that often surrounds criminal charges or claims of domestic violence and/or child abuse that often surround divorce.

Many people are still looking for NFA Trusts and have not realized the benefits of a Gun Trust over a trust that only deals with NFA Firearms. Look for more information on the NRA Firearms Law Seminar. For more information about the National Firearms Law Seminar, please call 1-877-NRF-LAWS
If you are a lawyer and plan on attending and would like more information on Gun Trusts or have a question you would like me to address at the seminar, use the contact form and I will try to incorporate it into the Gun Trust Presentation portion of the NRA Firearms Law Seminar.

With Dove season just around the corner, Texas is becoming one of the growing list of states that allows the use of silencers when hunting.

A silencer is a Title II Firearms which is restricted by the National Firearms Act and can only be sold by dealers who have a Class 3 SOT license. (They can also be purchased second-hand from individuals using the same ATF Form 4). Because of their classification they require a $200 Tax stamp and approval from the ATF or BATFE before you can take possession of them.

Other states including Texas have previously allowed the use of silencers when shooting varmint but not on game. While the law was passed in March, Texas hunters have been patiently awaiting September 1st to legally use silencers while hunting.

We are often asked about traveling to another state with NFA firearms. If you own property in multiple states like Texas and Colorado or regularly travel between Texas and Colorado with NFA Firearms, you can do so, but should and in some cases must obtain prior authorization from the ATF to take these firearms over state lines.

Note:Texas and Colorado are just used as an example of two places that you may regularly travel to and from. A Texas Gun Trust prepared by a Texas Gun Trust Lawyer® would be valid in Colorado and a Colorado Gun Trust prepared by a Colorado Gun Trust Lawyer® would be valid in Texas

There is no charge to obtain the authorization for interstate travel from the ATF. Your Gun Trust should have specific instructions on how to do this and if it does not you may want to have your gun trust reviewed by an attorney to see if it is a gun trust or just a generic revocable trust. Many so-called “Gun Trusts” and those provided by gun stores, found in the internet, created by software, or even some from lawyers, actually provide instructions to break the law. If you gun trust mentions stocks, property, homes, or other non-firearms related items, it may be a clue that you have a generic trust.

Funding a trust is a basic concept that is necessary for a trust to be valid. The legal concept is that the trust does not exist if there is nothing in the trust. A Gun Trust can be funded with a firearm, money, or any other asset. Typically a Gun Trust will be used to acquire firearms and is often used for Title II Firearms. When you put money in or assign money to the trust, you have funded it and it is now valid. If you never assign property to a trust, it can create problems.

For example, if your trust is unfunded, and you purchase a Title II Firearm from a dealer personally you will own it personally. An Assignment sheet may fund the trust, but if the AFT has not approved the assignment or an additional fee is not paid, you may have created a legal problem.

Funding a NFA trust, purchasing NFA Firearms, and proper use of a Gun Trust are very important to understand and something you should ask your Gun Trust Lawyer® about.

We have several Texas NFA Gun Trust Lawyer®s that we work with. While it is not necessary to visit the lawyers office, we have Texas Gun Trust Lawyer®s we work with in Austin, San Antonio, Dallas, Midland, and Houston. If you are talking with a lawyer about a NFA firearms trust for the purchase of Title II firearms from a Class III dealer remember to ask them if they are using the copyrighted Gun Trust from https://www.guntrustlawyer.com. If you would like more information on the What a NFA Firearms Trust is and why it is significantly different that an standard revocable trust, contact a Gun Trust Lawyer® and we would be happy to send you information and answer any question relating to the NFA and Title II firearms ownership, transfer, possession, or use.

To create a Texas Gun Trust Contact Us by phone or email and we can begin the process. Typically we draft the trust for the NFA and have the local attorney modify it for Texas. Depending on your situation, a specific Texas attorney may be chosen. The cost of the trust includes the local counsel and the fees are shared with the local attorney. Our Fee is for the National work and the Texas Gun Lawyer is compensated for the Texas legal work.

Updated 9/11/10 We have relationships with Several Texas Gun Trust Lawyer®s including:

A NFA trust is a type of revocable trust that have been modified to deal with the unique issues of NFA and Firearms purchase, ownership, transfer and possession.

Most typical trusts like those created from Quicken, Legal Zoom, or other lawyers can create problems for the Trustees, successor trustees and beneficiaries because of the instructions and powers found within them. They actually can cause an individual to create criminal liability for breaking the law. You should be careful if you have a standard trust that you are using to hold possession to firearms. Firearms that are restricted by the NFA need to be treated differently that a traditional asset found within a Revocable trust.

If you would like your trust reviewed, contact a Gun Trust Lawyer® for more information. We have several Texas NFA trust attorneys and lawyers that we are working with. Make sure that when you are talking with a Texas NFA trust lawyer that they are using the latest version of our NFA Trust.

We have a relationship with Texas Gun Trust Lawyer®s and Attorneys and provide them for people all over Texas including Arlington, Austin, Corpus Christi, Dallas, Fort Worth, Garland, Houston, Plano, San Antonio and other areas of Texas. If you are interested in information on Texas NFA Gun Trusts (or NFA Firearms Trusts in any state ) and how they are different from regular trust email us or call us for more information.

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